A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

On September 27, 2013, around 18:14, the Defendant was at the entrance of the Gangseo-gu Seoul Metropolitan Government Fire 2 Dong 951 Urban Development Apartment 1103, and the victim C (n'e, eight years of age) was willing to board an elevator, followed the victim to board the elevator, and the victim was only one time of the victim's chest with the defect that the victim intends to get out of the elevator, and the victim was about to get out of the elevator.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Stenographic records of victim records;

1. Written statements of D;

1. Image photographs of each elevator;

1. Application of statutes on site photographs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. According to the evidence as to mitigation of mental or physical disability, it appears that the Defendant was under the influence of alcohol at the time of committing the instant crime, and that the Defendant had weak ability to discern things or make decisions. However, according to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant is not subject to mitigation of mental or physical disability in accordance with Article

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Where the degree of indecent acts by compulsion of a sex offense (type 3) (special-presidential persons) against which the age limit is under 13 is weak according to the sentencing guidelines (the scope of recommending punishment) (the range of recommending punishment) and 2 years and 6 months to 5 years (the area of mitigation).

3. The crime of this case committed in two years and six months of imprisonment with prison labor for the sentence was committed by the defendant, following the victim who wants to get an apartment elevator.